中国应急管理
2021-03-26 08:02
China Emergency Management 2021-03-26 08:02 Published in Beijing
On April 25, 2019, a major accident occurred at the construction site of Building 1 of Feicui Huating Project in Hengshui City, Hebei Province, where a construction elevator car (cage) fell, resulting in 11 deaths, 2 injuries, and direct economic losses of approximately 18 million yuan. .
On March 15, 2021, the China Judgment Documents Network released the second-instance criminal ruling for the crime of major liability accident. The ruling showed that the second-instance verdict upheld the first-instance judgment, and 9 people were sentenced to fixed-term imprisonment ranging from 3 to 5 years, including:
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安全员和施工总承包单位二分公司副经理等2人有期徒刑五年；
Two people, including the safety officer and the deputy manager of the second branch of the construction general contracting unit, were sentenced to five years in prison; -
2名安拆工有期徒刑四年； Two installation and demolition workers were sentenced to four years in prison;
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项目经理、生产经理、项目工长、安全科长、安全员等5人有期徒刑三年；
Five people including the project manager, production manager, project foreman, safety section chief, and safety officer were sentenced to three years in prison; -
总监理工程师和施工升降机安装单位总经理，犯罪情节轻微，依法免予刑事处罚。
The chief supervisory engineer and the general manager of the construction lift installation unit have minor crimes and are exempt from criminal punishment in accordance with the law.
原判决认定，2019年4月25日上午7时20分左右，衡水市桃城区大庆路问津街东北角翡翠华庭项目在建1号楼建筑工地，发生施工升降机轿厢（吊笼）坠落的重大伤亡事故，造成11人死亡，2人受伤。
The original judgment found that at about 7:20 a.m. on April 25, 2019, at the construction site of Building 1 of the Feicui Huating project at the northeast corner of Wenjin Street, Daqing Road, Taocheng District, Hengshui City, a construction elevator car (cage) fell. A major casualty accident, resulting in 11 deaths and 2 injuries.
事故发生后，经河北省人民政府衡水市翡翠华庭“4.25”施工升降机轿厢（吊笼）坠落重大事故调查组调查认定：施工升降机第16、17节标准节连接位置西侧两条螺栓未安装、加节与附着后未按规定进行自检、未进行验收即违规使用，是造成事故的直接原因。
After the accident, the Hebei Provincial People’s Government’s “4.25” construction elevator car (cage) fall major accident investigation team in Feicui Huating, Hengshui City, investigated and determined that the two bolts on the west side of the connection position of the 16th and 17th standard sections of the construction elevator were not secure. Failure to perform self-inspections as required after installation, jointing, and attachment, and improper use without acceptance are the direct causes of accidents.
一审判决认定： The first-instance judgment found:
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被告人程某系施工升降机安装单位安全员、安拆工，未按照施工升降机使用说明书、操作规程进行安装和紧固螺栓，仅凭经验进行安装作业；安装完成后，未按规定进行自检、调试、试运转，仅凭经验进行检查，违规进行了非安装程序的物料运输作业。对事故发生负直接责任。犯重大责任事故罪，判处有期徒刑五年。
The defendant, Cheng, was a safety officer and installer of a construction lift installation unit. He failed to install and tighten the bolts in accordance with the construction lift operating instructions and operating procedures, and only performed the installation work based on experience. After the installation was completed, he failed to conduct self-inspections and Commissioning and trial operation were carried out based on experience only, and non-installation procedure material transportation operations were carried out in violation of regulations. Be directly responsible for the accident. He was found guilty of a serious accident and sentenced to five years in prison. -
被告人刘某系施工总承包单位二分公司副经理，存在未安排专职设备管理人员对施工升降机进行安全检查和维修保养；在施工升降机现场安装时，未按规定安排专职设备管理人员、专职安全生产管理人员进行现场监督；违规将未经第三方检测和联合验收的施工升降机投入使用；指派无证人员解某玉操作施工升降机；未按规定配备项目安全管理人员等问题。对事故发生负直接责任。犯重大责任事故罪，判处有期徒刑五年。
The defendant Liu, who is the deput
y manager of the second branch of the construction general contracting unit, failed to arrange full-time equipment managers to conduct safety inspections and maintenance of the construction lifts; when installing the construction lifts on site, he failed to arrange full-time equipment managers and full-time safety production personnel as required Management personnel conducted on-site supervision; illegally put construction lifts into use without third-party inspection and joint acceptance; assigned unlicensed personnel to operate construction lifts; failed to provide project safety management personnel as required. Be directly responsible for the accident. He was found guilty of a serious accident and sentenced to five years in prison. -
被告人被告人王某东、胡某仓系施工升降机安装单位安拆工，未按照专项施工方案、施工升降机使用说明书、操作规程进行安装和紧固螺栓；安装完成后，违规进行自检、调试、试运转，未能发现事故升降机第16、17节标准节西侧两条螺栓漏装的重大安全隐患。对事故发生负直接责任。犯重大责任事故罪，各判处有期徒刑四年。
The defendants Wang Moudong and Hu Moucang were installers and dismantlers of the construction lift installation unit. They failed to install and tighten the bolts in accordance with the special construction plan, construction lift instruction manual, and operating procedures; after the installation was completed, they conducted self-inspection and debugging in violation of regulations. , trial operation, no major safety hazard was found due to the missing installation of two bolts on the west side of the standard sections 16 and 17 of the accident elevator. Be directly responsible for the accident. Those found guilty of serious accidents were each sentenced to four years in prison. -
被告人张某系衡水翡翠华庭工地安全员，负责工地安全生产监督管理，没有认真履行工地安全生产监督检查职责，施工升降机加节安装时没有进行现场监督，未按规定核查安装人员身份，对升降机违规使用监督不力，对施工升降机安全操作监管不力，对事故发生负主要责任。犯重大责任事故罪，判处有期徒刑三年。
The defendant Zhang was a construction site safety officer at Hengshui Jade Huating, responsible for the supervision and management of construction site safety production. He failed to conscientiously perform his duties of supervision and inspection of construction site safety production. He did not conduct on-site supervision during the installation of the construction lift and failed to verify the identity of the installation personnel in accordance with regulations. Ineffective supervision of illegal use of elevators and ineffective supervision of safe operation of construction elevators bear primary responsibility for accidents. He was found guilty of a serious accident and sentenced to three years in prison. -
被告人于某森系施工总承包单位翡翠华庭项目经理，未履行项目经理安全生产管理职责，未落实安全生产责任制度和安全生产教育培训制度，未组织对所承担的工程进行安全检查，消除事故隐患，对事故发生负主要责任。犯重大责任事故罪，判处有期徒刑三年。
The defendant, Yu Mousen, was the project manager of Feicui Huating, a construction general contractor. He failed to perform the project manager’s safety production management responsibilities, failed to implement the safety production responsibility system and safety production education and training system, failed to organize safety inspections on the projects he undertook, and eliminated Accident hazards and bear primary responsibility for accidents. He was found guilty of a serious accident and sentenced to three years in prison. -
被告人程某明系施工升降机安装单位生产经理，对安装队伍安全生产应负全面责任，未对员工实施安全生产有效管理，事故施工升降机现场安装监管缺失；安装完毕后未按要求组织自检、调试、试运转，并出具自检验收合格证明，未按规定向使用单位进行交接；未按规定建立事故施工升降机安装拆卸工程档案。对事故发生负主要责任。犯重大责任事故罪，判处有期徒刑三年。
The defendant Cheng Mouming is the production manager of the construction lift installation unit and should be fully responsible for the safe production of the installation team. He failed to implement effective management of safe production for employees. There was a lack of supervision on the on-site installation of the accidental construction lift. After the installation was completed, he failed to organize self-inspections as required. Debugging, trial operation, and issuing self-inspection certificates were not handed over to the user as required; failure to establish accident construction lift installation and disassembly project files as required. Bear primary responsibility for the accident. He was found guilty of a serious accident and sentenced to three years in prison. -
被告人刘某义系施工总承包单位翡翠华庭项目工长，在施工升降机现场安装时，未按规定安排专职设备管理人员、专职安全生产管理人员进行现场监督；将未经第三方检验、安装单位自检、总包单位未组织验收的事故升降机违规投入使用；对无证人员解某玉操作施工升降机未采取制止措施。对事故发生负直接责任。犯重大责任事故罪，判处有期徒刑三年。
The defendant Liu Mouyi was the foreman of the Feicui Huating project of the construction general contractor. When the construction lift was installed on site, he failed to arrange full-time equipment managers and full-time safety production managers for on-site supervision as required; the installation was carried out without third-party inspection and installation The unit self-inspection and the general contracting unit did not organize the acceptance of the accidental lift and put it into use in violation of regulations; no measures were taken to prevent the unlicensed person Xie Mouyu from operating the construction lift. Be directly responsible for the accident. He was found guilty of a serious accident and sentenced to three years in prison. -
被告人赵某军系施工总承包单位安全科长，对公司安全生产规章制度执行不力，未对下属公司在建施工项目进行安全检查；对施工现场安全管理人员缺失的情况失查；对施工现场安全生产指导不力；对施工现场违规使用事故升降机的情况失查；对事故升降机司机谢俊玉无证上岗情况失查。对事故发生负主要领导责任。犯重大责任事故罪，判处有期徒刑三年，缓刑三年。禁止被告人赵某军在缓刑考验期限内从事与安全生产相关联的特定活动。
The defendant, Zhao Jun, was the safety section chief of the construction general contracting unit. He failed to implement the company’s safety production rules and regulations and failed to conduct safety inspections on the construction projects under construction of his subordinate companies; he failed to investigate the lack of safety management personnel at the construction site; Inadequate guidance on production safety; failure to investigate the illegal use of accident elevators at construction sites; failure to investigate the situation of Xie Junyu, the driver of the accident elevator, working without a certificate. Bear primary leadership responsibility for the accident. For the crime of serious accidents, he was sentenced to three years in prison and suspended for three years. The defendant Zhao Moujun is prohibited from engaging in specific activities related to production safety during the probation period. -
被告人于某华系监理单位翡翠华庭项目总监理工程师，犯罪情节轻微，依法免予刑事处罚。
The defendant, Yu, is the chief supervisory engineer of the Feicui Huating Project of a certain Chinese supervision unit. The crime was minor and he was exempted from criminal punishment in accordance with the law. -
被告人程某系施工升降机安装单位总经理，犯罪情节轻微，依法免予刑事处罚。
The defendant, Cheng, is the general manager of a construction lift installation unit. The crime was minor and he was exempted from criminal punishment in accordance with the law. -
禁止被告人程某、刘某、王某东、胡某仓、张某、于某森、程某明、刘某义自刑罚执行完毕之日或者假释之日起五年内从事与安全生产相关联的特定活动。
The defendants Cheng, Liu, Wang Dong, Hu Cang, Zhang, Yu Sen, Cheng Ming, and Liu Yi are prohibited from engaging in work related to production safety within five years from the date of completion of their punishment or the date of parole. specific activities.
一审宣判后，被告人刘某（施工总承包单位二分公司副经理）、王某东（安拆工）、张某（安全员）、于某森（项目经理）、程某明（生产经理）、刘某义（项目工长）等6人不服，分别提出上诉。
After the verdict of the first instance was pronounced, the defendants Liu (deputy manager of the second branch of the construction general contracting unit), Wang Moudong (installation and demolition worker), Zhang (safety officer), Yu Mousen (project manager), Cheng Mouming (production manager) , Liu Mouyi (project foreman) and six other people were dissatisfied and lodged appeals respectively.
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被告人刘某（施工总承包单位二分公司副经理）上诉理由：原判认定我对事故承担与塔机公司完全相同的责任明显错误；在1000多万元的赔偿主体及谅解书的谅解对象这两个关键量刑情节上，认定事实不清和错误；原判量刑重。
Defendant Liu (deputy manager of the second branch of the construction general contracting unit) appealed: the original judgment was obviously wrong in finding that I bear exactly the same responsibility for the accident as the tower crane company; the subject of the compensation of more than 10 million yuan and the object of the understanding Regarding the two key sentencing circumstances, the facts were unclear and wrong; the original sentence was harsh. -
被告人王某东（安拆工）上诉理由：原判认定与事实不符
；量刑重。
The defendant Wang Moudong (installation and demolition worker) appealed: the original judgment was inconsistent with the facts; the sentence was harsh. -
被告人张某（安全员）上诉理由：原判认定我为工地安全员，对升降机安装监督不力错误；未认定我构成自首错误；量刑重。
Defendant Zhang (safety officer) appealed: the original judgment identified me as a construction site safety officer and made an error in failing to supervise the installation of the lift; it failed to identify me as a mistake in surrendering; the sentence was harsh. -
被告人于某森（项目经理）上诉理由：原判认定事实不清。施工总承包单位与刘某1、刘某均承认双方存在违规挂靠关系，并不是二分公司，该违规挂靠关系才是导致本次重大事故发生的根本原因；原判认定上诉人与施工总承包单位之间是委派关系，又认定上诉人是河北厚丰房地产开发有限公司职工，属于事实不清，前后逻辑混乱。事实上，上诉人与施工总承包单位之间仅仅是“挂证”而非委派；原判量刑重。
The defendant Yu Mousen (project manager) appealed: the facts found in the original judgment were unclear. The construction general contractor and Liu 1 and Liu both admitted that they had an illegal affiliation relationship and that they were not the second branch. This illegal affiliation was the root cause of this major accident; the original judgment found that the appellant and the construction general contractor There was an delegation relationship, and the appellant was determined to be an employee of Hebei Houfeng Real Estate Development Co., Ltd. The facts were unclear and the logic was confusing. In fact, the relationship between the appellant and the construction general contractor was only a “certificate” rather than an appointment; the original sentence was harsh. -
被告人程某明（生产经理）上诉理由：原判事实不清，事故责任认定不明，对本人罪名认定有误；原判证据不足，无法证明上诉人程某明对事故负主要责任。现有证据证明已安装升降机“16、17”螺栓被人为卸下，致使事故发生。请求二审法院依法调取相关证据完善第三方技术鉴定报告，明确本案的主要直接责任方是施工方，在主管单位尚未进行验收即违规、超载使用，是造成事故的直接原因。
The defendant Cheng Mouming (production manager) appealed: the facts in the original judgment were unclear, the responsibility for the accident was unclear, and his guilt was wrongly determined; the evidence in the original judgment was insufficient to prove that the appellant Cheng Mouming was mainly responsible for the accident. The existing evidence proves that the bolts “16 and 17” of the installed lift were manually removed, causing the accident. The court of second instance is requested to obtain relevant evidence in accordance with the law to improve the third-party technical appraisal report, and make it clear that the main direct responsible party in this case is the construction party. The violation and overloading were used before acceptance by the competent authority, which is the direct cause of the accident. -
被告人刘某义（项目工长）上诉理由：原判事实不清，证据不足，量刑重。
The defendant Liu Mouyi (project foreman) appealed: the facts of the original verdict were unclear, the evidence was insufficient, and the sentence was harsh.
原判综合各原审被告人在本次重大责任事故中的责任、认罪态度等情节，依法对各原审被告人所处刑罚适当。对上诉人上诉理由，不予采纳。
The original judgment took into account the responsibilities and guilty plea attitudes of each defendant in this major accident, and imposed appropriate penalties on each defendant in accordance with the law. The grounds of appeal of the appellant shall not be accepted.
原判定性准确，量刑适当，审判程序合法，驳回上诉，维持原判。
The original judgment was accurate, the sentence was appropriate, and the trial procedure was legal. The appeal was dismissed and the original judgment was upheld.
本裁定为终审裁定。 This ruling is final.
问责处理 Accountability
河北省应急管理厅发布的事故调查报告显示，认定该起事故是一起重大生产安全责任事故，包括施工总承包单位的安全科长、项目经理、项目安全员等在内的13人被采取刑事强制措施。
The accident investigation report released by the Hebei Provincial Department of Emergency Management showed that the accident was determined to be a major production safety accident, and 13 people, including the safety section chief, project manager, and project safety officer of the construction general contracting unit, were subject to criminal enforcement measures. measure.
1.施工总承包单位（6人）。 1. General construction contractor (6 people).
（1）赵某军，男，群众，安全科长，涉嫌重大责任事故罪，已于2019年5月17日被公安机关刑事拘留，2019年5月31日被检察机关批准逮捕。
(1) Zhao Moujun, male, member of the public, safety section chief, was suspected of serious liability accidents. He was criminally detained by the public security organs on May 17, 2019, and was arrested by the procuratorate on May 31, 2019.
（2）刘某为，男，群众，二分公司经理，主持公司全面工作，涉嫌重大责任事故罪，已于2019年5月17日被公安机关刑事拘留，2019年5月31日被检察机关批准逮捕。
(2) Liu, male, mass, manager of the second branch, is in charge of the company’s overall work. He was suspected of serious liability accidents and was criminally detained by the public security organs on May 17, 2019. He was approved by the procuratorate on May 31, 2019. arrest.
（3）刘某军，男，群众，二分公司副经理、现场实际负责人，涉嫌重大责任事故罪，已于2019年5月1日被公安机关刑事拘留，2019年 5月14日被检察机关批准逮捕。
(3) Liu Moujun, male, mass, deputy manager of the second branch and actual person in charge of the site, was suspected of serious accidents and was criminally detained by the public security organs on May 1, 2019, and was detained by the procuratorate on May 14, 2019 Approval of arrest.
（4）于某森，男，群众，翡翠华庭项目经理，涉嫌重大责任事故罪，已于2019年5月12日被公安机关刑事拘留，2019年5月24日被检察机关批准逮捕。
(4) Yu Mousen, male, mass, Jade Huating project manager, was suspected of serious liability accidents. He was criminally detained by the public security organs on May 12, 2019, and was arrested by the procuratorate on May 24, 2019.
（5）刘某义，男，群众，翡翠华庭项目工长，协助刘军负责现场管理，涉嫌重大责任事故罪，已于2019年5月12日被公安机关刑事拘留，2019年5月24日被检察机关批准逮捕。
(5) Liu Mouyi, male, mass, foreman of the Jade Huating Project, assisted Liu Jun in on-site management, suspected of serious liability accidents, and was criminally detained by the public security organs on May 12, 2019, on May 24, 2019 The arrest was approved by the procuratorate on the same day.
（6）张某，男，群众，翡翠华庭项目安全员，涉嫌重大责任事故罪，已于2019年5月1日被公安机关刑事拘留，2019年5月14日被检察机关批准逮捕。
(6) Zhang, male, a member of the public, a safety officer of the Jade Huating Project, was suspected of serious liability accidents. He was criminally detained by the public security organs on May 1, 2019, and was arrested by the procuratorate on May 14, 2019.
2.监理单位（1人）。 2. Supervision unit (1 person).
（7）姜某，男，群众，翡翠华庭项目现场监理员，涉嫌重大责任事故罪，已于2019年5月1日被公安机关刑事拘留，2019年5月14日被检察机关批准逮捕。
(7) Jiang, male, mass, on-site supervisor of the Jade Huating Project, was suspected of serious liability accidents. He was criminally detained by the public security organs on May 1, 2019, and was arrested by the procuratorate on May 14, 2019.
3.事故施工升降机安装单位（5人）。 3. The accident construction lift installation unit (5 people).
（8）程某，男，群众，法定代表人、总经理，涉嫌重大责任事故罪，已于2019年5月1日被公安机关刑事拘留，2019年5月14日被检察机关批准逮捕。
(8) Cheng, male, member of the public, legal representative and general manager, was suspected of serious liability accidents. He was criminally detained by the public security organs on May 1, 2019, and was arrested by the procuratorate on May 14, 2019.
（9）程某明，男，群众，生产经理，涉嫌重大责任事故罪，已于2019年5月17日被公安机关刑事拘留，2019年5月31日被检察机关批准逮捕。
(9) Cheng Mouming, male, member of the public, production manager, was suspected of serious liability accidents. He was criminally detained by the public security organs on May 17, 2019, and was arrested by the procuratorate on May 31, 2019.
（10）程某，男，群众，安全员、安拆工，涉嫌重大责任事故罪，已于2019年5月1日被公安机关刑事拘留，2019年5月14日被检察机关批准逮捕。
(10) Cheng, male, member of the public, safety guard, installation and demolition worker, suspected of serious liability accident crime, was criminally detained by the public security organs on May 1, 2019, and was arrested by the procuratorate on May 14, 2019.
（11）王某东，男，群众，安拆工，涉嫌重大责任事故罪，已于2019年5月12日被公安机关刑事拘留，2019年5月24日被检察机关批准逮捕。
(11) Wang Moudong, male, civilian, installation and demolition worker, was suspected of serious liability accidents. He was criminally detained by the public security organs on May 12, 2019, and was arrested by the procuratorate on May 24, 2019.
（12）胡某仓，男，群众，安拆工，涉嫌重大责任事故罪，已于2019年5月12日被公安机关刑事拘留，2019年5月24日被检察机关批准逮捕。
(12) Hu Moucang, male, mass worker, installation and demolition worker, was suspected of serious liability accidents. He was criminally detained by the public security organs on May 12, 2019, and was arrested by the procuratorate on May 24, 2019.
4.衡水市住房和城乡建设局节能办（1人）。 4. Energy Conservation Office of Hengshui Municipal Housing and Urban-Rural Development Bureau (1 person).
（13）于某华，男，中共党员，衡水市住房和城乡建设局节能办职工。违规在恒远管理公司兼职，担任翡翠华庭项目总监，涉嫌重大责任事故罪，已于2019年5月17日被公安机关刑事拘留，2019年5月31日被检察机关批准逮捕。
(13) Yu Mouhua, male, member of the Communist Party of China, employee of the Energy Conservation Office of Hengshui Municipal Housing and Urban-Rural Development Bureau. He illegally worked part-time at Hengyuan Management Company and served as the project director of Jade Huating. He was suspected of serious liability accidents and was criminally detained by the public security organs on May 17, 2019. He was arrested by the procuratorate on May 31, 2019.
据“施工技术”微信公众号发布内容显示： According to the content released by the “Construction Technology” WeChat public account:
事故发生后，河北省住建厅连续发布11份《行政处罚决定书》，对责任单位和责任人员作出如下处罚决定：
After the accident, the Hebei Provincial Department of Housing and Urban-Rural Development issued 11 “Administrative Penalty Decisions” in succession, making the following penalty decisions on the responsible units and responsible personnel:
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施工总承包单位被吊销A证、暂停承揽工程 The construction general contractor has its A certificate revoked and its project contracting suspended
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施工升降机安装单位被吊销资质/安许证 Construction lift installation unit has had its qualification/safety certificate revoked
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项目经理涉嫌“挂证”，被吊销B证 The project manager was suspected of “hanging his certificate” and his B certificate was revoked
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安全生产管理人员被吊销C证 Production safety management personnel have their C certificates revoked
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拆卸工被吊销特种作业人员操作资格证书 Demolition worker’s special operator qualification certificate revoked
河北省住建厅再发通报，决定： The Hebei Provincial Department of Housing and Urban-Rural Development issued another notice and decided:
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将对事故负有责任的施工总承包单位、监理单位列入建筑市场主体严重失信名单。
The construction general contracting units and supervision units responsible for the accident will be included in the list of seriously dishonest construction market entities. -
根据《河北省建筑市场主体严重失信名单管理暂行办法》规定，“黑名单”信息有效期限自其被列入名单之日起一般为12个月。
According to the “Interim Measures for the Management of the List of Seriously Untrustworthy Construction Market Entities in Hebei Province”, the validity period of “blacklist” information is generally 12 months from the date it is included on the list.
住建部再追责： The Ministry of Housing and Urban-Rural Development further held accountable:
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2020年7月16日，住建部追责监理单位，监理资质由甲级降为乙级。
On July 16, 2020, the Ministry of Housing and Urban-Rural Development held the supervision unit accountable, and the supervision qualification was downgraded from Class A to Class B. -
2020年8月18日，住建部再次追责，施工总承包单位资质被降级。在该单位“挂证”的项目经理一建证书被吊销，终身不予注册。
On August 18, 2020, the Ministry of Housing and Urban-Rural Development once again held the company accountable, and the qualification of the construction general contractor was downgraded. The first construction certificate of the project manager who was “certified” in this unit was revoked and he was not allowed to register for life.
来源：中国裁判文书网、河北省住建厅、河北省应急管理厅、施工技术
Source: China Judgments Network, Hebei Provincial Department of Housing and Urban-Rural Development, Hebei Provincial Department of Emergency Management, Construction Technology
中国应急管理报 新媒体中心 编辑：张晓蒙 孟德轩 China Emergency Management News New Media Center Editor: Zhang Xiaomeng Meng Dexuan
